Florida Statute 831.31 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 831
FORGERY AND COUNTERFEITING

View Entire Chapter

F.S. 831.31

831.31 Counterfeit controlled substance; sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver.—

(1) It is unlawful for any person to sell, manufacture, or deliver, or to possess with intent to sell, manufacture, or deliver, a counterfeit controlled substance. Any person who violates this subsection with respect to:

(a) A controlled substance named or described in s. 893.03(1), (2), (3), or (4) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) A controlled substance named or described in s. 893.03(5) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) For purposes of this section, “counterfeit controlled substance” means:

(a) A controlled substance named or described in s. 893.03 which, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, or number, or any likeness thereof, of a manufacturer other than the person who in fact manufactured the controlled substance; or

(b) Any substance which is falsely identified as a controlled substance named or described in s. 893.03.

History.—s. 2, ch. 81-53; s. 4, ch. 89-281; s. 2, ch. 92-19; s. 102, ch. 97-264; s. 104, ch. 99-3; s. 8, ch. 99-186; s. 18, ch. 2000-320; s. 8, ch. 2002-78; s. 27, ch. 2016-105; s. 4, ch. 2019-166.

F.S. 831.31 on Google Scholar

F.S. 831.31 on CourtListener

Amendments to 831.31

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 831.31

Level: Degree
Misdemeanor/Felony: First/Second/Third

S831.31 1a - DANGEROUS DRUGS - SELL MFG DEL CONTFT POSS WIT SCHED I II III IV - F: T

S831.31 1b - DANGEROUS DRUGS - SELL MFG DELIVER POSSESS WIT CONTRFT SCHED V - M: S

Cases Citing Statute 831.31

Total Results: 17

United States v. Larry Frazier, United States of America v. Darence Eugene Hutchinson, Kenya Brown, Albert Lintez Brown, A/K/A "Pee Pee" A/K/A "James", Henry Graham, Raymond D. Griffin, Kenyatta Brown

89 F.3d 1501, 1996 U.S. App. LEXIS 19010

Court of Appeals for the Eleventh Circuit | Filed: Aug 2, 1996 | Docket: 1012332

Cited 58 times | Published

and Florida's parallel statute, Fl.Stat.Ann. § 831.31(2) (West 1989), define "counterfeit substance"

State v. Bussey

463 So. 2d 1141

Supreme Court of Florida | Filed: Feb 7, 1985 | Docket: 302188

Cited 37 times | Published

be distinguished from "counterfeit drugs." Section 831.31, Florida Statutes (1981), prohibits the sale

Greenwade v. State

124 So. 3d 215, 38 Fla. L. Weekly Supp. 717, 2013 WL 5641794, 2013 Fla. LEXIS 2284

Supreme Court of Florida | Filed: Oct 17, 2013 | Docket: 60235423

Cited 9 times | Published

counterfeit and look-alike substances less harshly. See § 831.31, Fla. Stat. (2009); § 817.563, Fla. Stat. (2009)

United States v. Frazier

89 F.3d 1501, 1996 WL 403100

Court of Appeals for the Eleventh Circuit | Filed: Aug 2, 1996 | Docket: 64025827

Cited 6 times | Published

and Florida’s parallel statute, Fl.Stat.Ann. § 831.31(2) (West 1989), define “counterfeit substance”

Adderly v. State

571 So. 2d 557, 1990 WL 212127

District Court of Appeal of Florida | Filed: Dec 19, 1990 | Docket: 63649

Cited 5 times | Published

motion to dismiss. The appellant contends that section 831.31, Florida Statutes (1989), under which he was

Vanhoosen v. State

469 So. 2d 230, 10 Fla. L. Weekly 1336

District Court of Appeal of Florida | Filed: May 29, 1985 | Docket: 1272279

Cited 5 times | Published

substance with intent to deliver, in violation of section 831.31, Florida Statutes. Appellant pled nolo contendere

Durr v. State

583 So. 2d 424, 1991 WL 146643

District Court of Appeal of Florida | Filed: Aug 5, 1991 | Docket: 2534961

Cited 4 times | Published

counterfeit controlled substance, contrary to section 831.31(1)(a), Florida Statutes (1989). We reverse

State v. Bussey

444 So. 2d 63

District Court of Appeal of Florida | Filed: Jan 11, 1984 | Docket: 452153

Cited 4 times | Published

counterfeit drug statute in this state. See Section 831.31, Florida Statutes (1981), which makes it unlawful

Twinn v. State

442 So. 2d 286

District Court of Appeal of Florida | Filed: Nov 29, 1983 | Docket: 357630

Cited 4 times | Published

controlled substance provision of the Florida Statutes, § 831.31, Fla. Stat. (1981). Twinn argues, and we agree

JLF v. State

887 So. 2d 432, 2004 WL 2623945

District Court of Appeal of Florida | Filed: Nov 19, 2004 | Docket: 2241024

Cited 3 times | Published

substance with intent *433 to sell in violation of section 831.31(1)(a), Florida Statutes (2001). J.L.F. contends

Damen v. State

793 So. 2d 106, 2001 WL 930004

District Court of Appeal of Florida | Filed: Aug 17, 2001 | Docket: 1266343

Cited 3 times | Published

insufficient to sustain Mr. Damen's conviction. In section 831.31, Florida Statutes (1999), which prohibits the

Bedford v. State

970 So. 2d 935, 2008 WL 36623

District Court of Appeal of Florida | Filed: Jan 2, 2008 | Docket: 1695532

Cited 2 times | Published

counterfeit controlled substance, a violation of section 831.31, Florida Statutes. That charge would have been

JOHNNY RAY GRAHAM v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 11, 2022 | Docket: 63301701

Published

substance with intent to sell, a violation of section 831.31(a), Florida Statutes (2020); in Count II, it

State v. Eugui

60 So. 3d 1185, 2011 Fla. App. LEXIS 7586, 2011 WL 2031337

District Court of Appeal of Florida | Filed: May 25, 2011 | Docket: 60300090

Published

delivery of a counterfeit controlled substance. See § 831.31, Fla. Stat. (2009). The trial court based the

J.L.F. v. State

887 So. 2d 432, 2004 Fla. App. LEXIS 17812

District Court of Appeal of Florida | Filed: Nov 19, 2004 | Docket: 64834285

Published

substance with in*433tent to sell in violation of section 831.31(l)(a), Florida Statutes (2001). J.L.F. contends

Warner v. State

581 So. 2d 232, 1991 Fla. App. LEXIS 6288, 16 Fla. L. Weekly Fed. D 1571

District Court of Appeal of Florida | Filed: Jun 11, 1991 | Docket: 64659483

Published

pursuant to a conviction for a violation of section 831.31, Florida Statutes (1989). Appellant contends

State v. Hayes

446 So. 2d 1185, 1984 Fla. App. LEXIS 12325

District Court of Appeal of Florida | Filed: Mar 21, 1984 | Docket: 64603516

Published

court erred in ruling that the provisions of section 831.31, Florida Statutes (1981),1 were *1186facially